The SC held that the limitation period for filing objections to ...

Limitation period for objections to arbitral award starts from award's accessibility, not formal notice.

January 6, 2025

Case Laws Indian Laws SC

The SC held that the limitation period for filing objections to an arbitral award under Article 119(b) of the Limitation Act, 1963 commences from the date the parties become aware of the existence of the award, not necessarily from the formal notice of filing. The respondents were aware of the award's filing on 21.09.2022 when the District Court directed them to clear fees for furnishing the award. Hence, the limitation expired on 20.10.2022, rendering the appellant's application u/s 17 on 10.11.2022 valid. The parties must scrutinize the award upon becoming aware of its accessibility, and the formal notice date of 18.11.2022 held no significance. The appeal was allowed.

View Source

← Previous Next →

The SC held that the limitation period for filing objections to ...

Limitation period for objections to arbitral award starts from award's accessibility, not formal notice.

January 6, 2025

Case Laws Indian Laws SC

You may also like:

Execution of arbitral award - the arbitral proceedings were initiated prior to insolvency resolution date, suspended during the moratorium period, resumed upon expiry of...

Arbitral Award - Time Limitation for filing petition - the period of limitation for filing objections would have to be reckoned from the date on which the signed copy of...

Validity of Arbitral Award - dishonor of cheque - Claim u/s 18 of the Limitation Act, 1963, a fresh period of limitation - Admittedly, in this case the respondent was...

Tribunal clarified that its order dated 26.05.2022 did not modify or vary the earlier orders dated 15.10.2018 and 11.01.2019, except for directing sealed cover...

Rejection of application for condonation of delay in preferring the application u/s 34 of the Arbitration and Conciliation Act - No application for setting aside the...

Execution of the award passed by the learned Arbitral Tribunal/Court - If the High Courts convert itself to the Executing Court and entertain the writ petitions under...

The Appellate Court exceeded its jurisdiction u/s 37 of the Arbitration and Conciliation Act, 1996, by setting aside an arbitral award that had already been confirmed...

Grant of Arbitral Award - when a Court is applying the ‘public policy’ test to an arbitral award, it does not act as a court of appeal and consequently errors of fact...

Arbitral award does not conflict with public policy of India or vitiate by patent illegality. Gita Power justifiably subjected to arbitration and jointly liable with OPG....

Validity of Arbitral Award - it is alleged that award is in excess of claim - Arbitrator exceeded the scope of reference or not - Arbitrator has rewritten the contract...

Period of limitation to issue notice for reopening of assessment u/s 149 - The High court emphasized the principle that the validity of a notice u/s 148 must be assessed...

Validity of Arbitral Award - In the remand back case, the Arbitrator was warned not to be influenced by the factors that weighed in his mind while making the First Award....

Grant of Interim Award - There was a fundamental failure of the first Arbitral Tribunal to address the plea raised by ONGC for attracting the group of companies doctrine....

Validity of preassessment notices - Period of limitation as CST Rules - This Court is of the view that whether the notices are barred by limitation or not can be...

Validity of Arbitral Award - Ordering the petitioner to repay advances for rejected testing kits with interest and legal costs - The court observed that the arbitrator...

Quick Updates: